AMLO sends deputies three initiatives; seeks to regulate water concessions

President Andrés Manuel López Obrador sent to the Chamber of Deputies three initiatives to regulate mining and water concessions, safeguard airspace, and prevent diversion of public resources.

The first presidential project seeks to reform, add, and repeal various provisions of the Mining, National Water, Ecological Balance and Environmental Protection, and General Laws for the Prevention and Integral Management of Waste, in terms of concessions for mining and water .

Its objective, dictates the initiative, is to recover the rectory of the State over the mineral and water resources that are found in the Mexican subsoil and are the direct domain of the nation. It intends to regulate the granting, maintenance, supervision and termination of mining and water concessions for mining, in order to protect the human rights to a healthy environment, health and water of the population, as well as the preservation of resources. of the nation and the right of native peoples to the preservation of their territories.

Some changes are: eliminating the free land and first applicant scheme, the preferential nature of mining activity, and the right of concession holders to obtain the expropriation of land for mining exploitation, establishing the obligation to determine the impacts rights of each mining concession, establish prior, free and informed consultation with indigenous and Afro-Mexican peoples and communities, reduce the term of the mining concession from 50 to 15 years, incorporate a chapter on crimes in order to punish criminal conduct in terms of mining.

Establishes the figure of the concession of water for specific use in mining, with the purpose of avoiding overexploitation and contamination of the water resource, the concession of water for specific use of mining will be subject to the availability of water and will have a duration of five years. with the possibility of extensions for the same term.

It expands the grounds for revocation of the water concession, states that mining concessions will not be granted in Protected Natural Areas, creates the Restoration, Closure and Post-closure Program, authorizes the regulation of waste management and limits the final disposal of waste.

It goes for airspace sovereignty

In a second initiative, President López Obrador proposes to modify the Organic Laws of the Federal Public Administration; Organic of the Mexican Army and Air Force; of Airports, and of Civil Aviation, in matters of protection of the Mexican airspace.

In order to strengthen the legal framework of the Mexican State to guarantee the effective exercise of its sovereignty and the integrity of its air territorial spaceas well as the navigation safety of aircraft authorized to use it.

It is proposed to harmonize the administrative legal framework in accordance with the Law for the Protection of the Mexican Airspace, published on March 1, 2023.

Among other things, it specifies the powers of the Ministry of National Defense in terms of protection and surveillance of the Mexican airspace, which is responsible, in coordination with the Ministry of the Navy, to safeguard the sovereignty and defense of the integrity of the airspace, guarantee lawful air operations in the national territory, in conjunction with the Secretariat of Infrastructure, Communications and Transportation, participate in air search and rescue operations, establish surveillance and airspace protection zones.

In addition, it creates the Air Logistics Service to provide logistical support to air organizations, incorporates the Electronic Air Material Service, and establishes the Air Force War Material Service, in order to professionalize the group in charge of air weapons. It was channeled to the United Communications and Transportation and National Defense Commissions.

Prevention in diversion of resources

In a third initiative with a draft decree, the Mexican president proposes to reform, add, and repeal various administrative provisions, for, among other things, the reversal of acts of corruption, the prevention of acts that are harmful to the public interest or that may cause damage to the treasury. , and strengthening of the Federal Public Administration.

And it is that it seeks to correct acts issued in violation of the law, as well as revert those that have ceased to fulfill the purposes for which they were intended, safeguard and prevent deviations of public resources, strengthen the rectory of the State and, consequently, the capacity of action of the dependencies of the Federal Government in the execution of the public policies for which they are in charge.

In addition, it provides the public sector with legal tools that allow it to act in a timely manner in the provision of public services, and protects the interests of the nation, that is, the recovery of the State as a guarantor of rights.

Among the arguments of the initiative, it is noted that the initiative seeks to provide the Federal Public Administration with legal instruments to effectively safeguard the general, public and social interest, in order to make effective fundamental rights such as a healthy environment, access to water, to the conservation and improvement of the habitat and preservation of the integrity of the lands of indigenous peoples and communities, and guarantee the enjoyment of common goods, make the public, general, social interest and national security prevail, as well as strengthening sovereignty.